OPU has filed a complaint with the European Commission (EC) to initiate infringement proceedings under EU law. The Ministry of the Interior is unlawfully excluding thousands of Ukrainian refugees from the possibility to obtain temporary protection. The complaint could result in the EC bringing an action against the Czech Republic before the Court of Justice of the EU.
After the start of the full-scale war against Ukraine in 2022, the EU activated the Temporary Protection Mechanism to ensure quick and effective assistance to people fleeing the conflict. The Czech Republic subsequently adopted the so-called Lex Ukraine (Act No. 65/2022 Coll.), which excludes certain groups of Ukrainian refugees from temporary protection. Specifically, these are those who have previously applied for or obtained protection in another EU Member State. Section 5(1)(c) and (d) of this law provides that an application is inadmissible if the applicant has applied for or obtained temporary or international protection in another EU Member State. Such people are refused in the Czech Republic, regardless of whether they still hold a valid residence permit in another Member State.
“It is unacceptable for the Czech Republic to systematically deny the rights of thousands of Ukrainian refugees who meet the conditions for temporary protection under EU law,” says Stanislava Sládeková of OPU. “This not only harms vulnerable individuals, but also undermines the principle of uniform application of EU law and the rule of law.”
OPU has helped dozens of Ukrainian refugees defend themselves against rejection. A number of courts have upheld the OPU and found the Ministry of Interior’s practice illegal, with direct reference to EU law. The Ministry of Interior responded to these decisions with cassation complaints to the Supreme Administrative Court (SAC). In one of these cases, the SAC referred a preliminary question to the Court of Justice of the EU (CJEU). In its judgment, the CJEU upheld the incompatibility of Article 5(1)(c) of the Czech Lex Ukraine with EU law (C-753/23, Krasiliva). On the basis of this judgment, the SJC then ruled in early April this year that Section 5(1)(d) of the Lex Ukraine is also contrary to EU law and cannot be applied. This position has been confirmed by the SAC in more than 60 judgments.
However, despite the clear position of the CJEU and the SAC, the Ministry of Interior continues to systematically ignore these court decisions, has not amended Lex Ukraine and has not adjusted its administrative practice. It continues to refuse to accept applications for temporary protection from Ukrainian citizens who had or have protection in another EU Member State.
The OPU has therefore asked the EC to investigate the matter and take steps to ensure that the Czech Republic brings its legislation and administrative practices into line with EU law. If the EC finds the complaint to be justified, it could lead to an action against the Czech Republic before the EU Court of Justice. The last time this happened was in the case of non-compliance with the so-called migration quotas (C-715/17, C-718/17 and C-719/17).
Media contact:
Stanislava Sládeková, stanislava.sladekova@opu.cz
Zuzana Pavelková, zuzana.pavelkova@opu.cz
Hana Franková, hana.frankova@opu.cz